[Chapter-delegates] India: Bloggers can be nailed for views

[Niel Hirjee]

Hello Sivasubramanian,

> Posted for comments: 
> http://timesofindia.indiatimes.com/India/
> Bloggers-can-be-nailed-for-views/articles
> how/4178823.cms 

The right to freedom of speech and expression does not supercede "the interests of the security of the state, friendly relations with foreign states, public order, decency, or morality or in relation to contempt of court, defamation, or incitement to an offence" as per Article 19(2) of the Indian Constitution.

Clearly the blogger, a student of computer science, created an online community against a political party and knowingly allowed anonymous posts to remain displayed on the pages of his community. His argument before the court that the contents of his online community was restricted and did not have defamation value was not accepted and his prayer to grant him protection against Sections 506 and 295A, pertaining to hurting public sentiment, was turned down.

Though I am not trained as a lawyer I think that his legal defense was flawed. If one studies the legal strategy adopted by Shamit Khemka, a pioneer of the internet in India who also has the dubious distinction of being the first person to be tried under Indian law for a cybercrime, and by Aaron Wall, whose case is relevant from the 'responsibility of anonymous comments in blogs' point of view, one can see how this matter is more about legal technicalities and courtcraft than about freedom of speech.

Indians have freedom of speech - if one searches for anti-hindu / anti-muslim / anti-you-name-it blogs one will find thousands if not millions of blogs by Indians which are read by tens of millions internet users in India without getting nailed.

Regards,
Niel Hirjee
Vice Chair ISOC-IKOL
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